VCOC. In the event that the Company ceases to qualify as an "operating company" (as defined in the first sentence of 29 C.F.R. Section 2510.3-101(c)), then the Company will cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment valued at cost) of each Stockholder that qualifies as a "venture capital operating company" (as defined in 29 C.F.R. Section 2510.3-101(d)) (a "VCOC Stockholder") shall continue to qualify as a "venture capital investment" (as defined in 29 C.F.R. Section 2510.3-101(d)).
Appears in 3 contracts
Samples: Stockholder Agreement (Alpha Natural Resources, Inc.), Stockholder Agreement (Alpha Natural Resources, Inc.), Stockholder Agreement (Alpha NR Holding Inc)
VCOC. In the event that the Company ceases to qualify as an "“operating company" ” (as defined in the first sentence of 29 C.F.R. Section § 2510.3-101(c)), then the Company and each Stockholder will cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment valued at cost) of each Stockholder that qualifies as a "“venture capital operating company" ” (as defined in 29 C.F.R. Section § 2510.3-101(d)) (a "“VCOC Stockholder"”) shall continue to qualify as a "“venture capital investment" ” (as defined in 29 C.F.R. Section § 2510.3-101(d)).
Appears in 1 contract
Samples: Stockholders Agreement (Foundation Coal Holdings, Inc.)
VCOC. In the event that the Company ceases to qualify as an "operating company" (as defined in the first sentence of 29 C.F.R. Section 2510.3-101(c)), then the Company and each Member will cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment valued at cost) of each Stockholder Member that qualifies as a "venture capital operating company" (as defined in 29 C.F.R. Section 2510.3-101(d)) (a "VCOC StockholderMember") shall continue to qualify as a "venture capital investment" (as defined in 29 C.F.R. Section 2510.3-101(d)).
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (VHS of Anaheim Inc)
VCOC. In the event that the Company ceases to qualify as an "operating company" (as defined in the first sentence of 29 C.F.R. Section 2510.3-101(c)), then the Company and each Stockholder will cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment valued at cost) of each Stockholder that qualifies as a "venture capital operating company" (as defined in 29 C.F.R. Section 2510.3-101(d)) (a "VCOC Stockholder") shall continue to qualify as a "venture capital investment" (as defined in 29 C.F.R. Section 2510.3-101(d)).
Appears in 1 contract
Samples: Stockholder Agreement (Alpha Natural Resources, Inc.)
VCOC. In the event that the Company ceases to qualify as an "operating company" (as defined in the first sentence of 29 C.F.R. Section ss. 2510.3-101(c)), then the Company and each Member will cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment valued at cost) of each Stockholder Member that qualifies as a "venture capital operating company" (as defined in 29 C.F.R. Section ss. 2510.3-101(d)) (a "VCOC StockholderMember") shall continue to qualify as a "venture capital investment" (as defined in 29 C.F.R. Section ss. 2510.3-101(d)).
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Nalco Holding CO)
VCOC. In the event that the Company ceases to qualify as an "“operating company" (” as defined in the first sentence of 29 C.F.R. Section 2510.3-101(c)), then the Company will Parties shall cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment investment, valued at cost) of each Stockholder Sponsor or its shareholders, that qualifies as a "“venture capital operating company" (” as defined in 29 C.F.R. Section 2510.3-101(d)) (each a "“VCOC Stockholder"Investor“) shall continue to qualify as a "“venture capital investment" (as defined in ” within the meaning of 29 C.F.R. Section 2510.3-101(d)).
Appears in 1 contract
Samples: Shareholders Agreement (Freescale Semiconductor Holdings I, Ltd.)
VCOC. In the event that the Company ceases to qualify as an "“operating company" (” as defined in the first sentence of 29 C.F.R. Section 2510.3-101(c)), then the Company will Parties shall cooperate in good faith to take all reasonable action necessary to provide that the investment (or at least 51% of the investment investment, valued at cost) of each Stockholder Sponsor or its shareholders, that qualifies as a "“venture capital operating company" (” as defined in 29 C.F.R. Section 2510.3-101(d)) (each a "“VCOC Stockholder"Investor”) shall continue to qualify as a "“venture capital investment" (as defined in ” within the meaning of 29 C.F.R. Section 2510.3-101(d)).
Appears in 1 contract
Samples: Shareholders Agreement (Freescale Semiconductor Holdings I, Ltd.)
